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RANDALL MFG. v. REA

No. 2012-1611.

733 F.3d 1355 (2013)

RANDALL MFG., Appellant, v. Teresa Stanek REA, Acting Director, United States Patent and Trademark Office, Appellee, and FG Products, Inc., Appellee.

United States Court of Appeals, Federal Circuit.

October 30, 2013.

Attorney(s) appearing for the Case

Mark H. Remus , Steptoe & Johnson, LLP, of Chicago, Illinois, argued for the appellant. With him on the brief was Meredith Martin Addy.

Frances M. Lynch , Associate Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for appellee United States Patent and Trademark Office. With her on the brief were Nathan K. Kelley , Deputy Solicitor, and Lore A. Unt , Associate Solicitor.

Scott A. McKeown , Oblon, Spivak, McClelland, Maier & Neustadt, LLP, of Alexandria, Virginia, argued for appellee, FG Products, Inc.

Before RADER, Chief Judge, DYK, and TARANTO, Circuit Judges.

TARANTO, Circuit Judge.

FG Products owns U.S. Patent No. 7,214,017, which is directed to moveable bulkheads for partitioning cargo space in a shipping container. FG's competitor, Randall Manufacturing, requested inter partes reexamination of the '017 patent, and the Patent and Trademark Office examiner rejected a number of FG's claims as obvious over a combination of four prior-art references. On appeal, the Board of Patent Appeals and Interferences (now the Patent...

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